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H_JUD_2017A 03/30/2017 01:30 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 03/30/2017
ATTENDANCE
Time: 02:40 PM to 04:40 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
X
Herod
X
This Meeting was called to order by
Lundeen
*
Representative Lee
Melton
X
Weissman
X
This Report was prepared by
Willett
X
Bo Pogue
Wist
X
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-115

SB17-189

HB17-1245

HB17-1241

HB17-1244

HB17-1239

HB17-1240

HB17-1243

HB17-1238
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole





02:40 PM -- SB17-115



The committee was called to order. A quorum was present. Representatives Foote and Willett, prime sponsors, presented Senate Bill 17-115, concerning an expansion of the exception to the crime of possession of sexually exploitative material for persons involved in sexually exploitative materials cases. Committee members received two fact sheets supporting the legislation (Attachments A and B). Both representatives provided background on the issues addressed by the legislation, and discussed its need. Representative Foote responded to questions regarding how sexually exploitative materials are handled by law enforcement information technology professionals. The following persons testified on SB 17-115:



17HouseJud0330AttachA.pdf17HouseJud0330AttachA.pdf 17HouseJud0330AttachB.pdf17HouseJud0330AttachB.pdf



02:46 PM --
Mr. Mike Rankin, representing the Department of Public Safety, testified in support of the bill. Mr. Rankin discussed the difficulties inherent to tracking sexually exploitative materials. Mr. Rankin addressed questions raised during earlier testimony.

















02:48 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman responded to questions regarding safeguards against peace officers further disseminating sexually exploitative materials, and the peace officer status of those who perform information technology services with respect to sexually exploitative materials.



02:54 PM --
Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Lane addressed issues raised during earlier discussion, including the process by which sexually exploitative materials are handled by law enforcement.





03:01 PM



Representative Foote explained the effect of amendment L.001 (Attachment C). Discussion ensued regarding the appropriateness of the amendment.



17HouseJud0330AttachC.pdf17HouseJud0330AttachC.pdf

BILL: SB17-115
TIME: 03:04:00 PM
MOVED: Foote
MOTION: Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED: Willett
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





























03:04 PM



Representatives Willett and Foote provided closing remarks in support of SB 17-115.

BILL: SB17-115
TIME: 03:04:51 PM
MOVED: Willett
MOTION: Refer Senate Bill 17-115, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Foote
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:05 PM -- SB17-189



Representative Foote, prime sponsor, presented Senate Bill 17-189, concerning elimination of the requirement that a law enforcement agency is the only entity authorized to take fingerprints for purposes of a background check. Representative Foote explained the need for the legislation. The following persons testified regarding SB 17-189:



03:08 PM --
Mr. Chris Andrist and Ms. Teresa Mucha, representing the Department of Public Safety, testified in support of the bill. Mr. Andrist discussed some technical and practical considerations about the fingerprint process. Ms. Mucha responded to questions regarding the process by which third-party vendors contract with the department for fingerprinting, and security considerations for this process.

































03:20 PM



Discussion continued regarding the third-party contracting process for fingerprinting, and the transmission of information associated with the process. Discussion ensued regarding how applicants for certain state services navigate the fingerprint background check process.



03:31 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, addressed questions about the fingerprinting process for concealed carry permits raised during earlier testimony. The discussion turned to other questions raised during earlier testimony, including questions about security in the fingerprinting process.



03:35 PM --
Mr. David Bradley, representing Denver Fingerprinting, testified in support of the bill. Mr. Bradley responded to questions regarding proof of compliance with certain programs and regulations that must be secured by fingerprint vendors.



03:40 PM --
Ms. Kris Geraths, representing Background Information Services, testified in support of the bill. Ms. Geraths discussed the benefits of a forthcoming amendment.





03:42 PM



Representative Foote explained the effect of amendment L.005 (Attachment D).



17HouseJud0330AttachD.pdf17HouseJud0330AttachD.pdf

BILL: SB17-189
TIME: 03:44:17 PM
MOVED: Foote
MOTION: Adopt amendment L.005 (Attachment D). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection













03:45 PM



Representative Foote explained the effect of amendment L.007 (Attachment E). Discussion ensued regarding the merits of the amendment.



17HouseJud0330AttachE.pdf17HouseJud0330AttachE.pdf

BILL: SB17-189
TIME: 03:45:24 PM
MOVED: Foote
MOTION: Adopt amendment L.007 (Attachment E). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:48 PM



Discussion ensued regarding the merits of SB 17-189.





03:55 PM



The committee recessed.































04:19 PM



The committee returned to order. Representative Foote explained the effect of amendment L.008 (Attachment F).



17HouseJud0330AttachF.pdf17HouseJud0330AttachF.pdf

BILL: SB17-189
TIME: 04:20:34 PM
MOVED: Foote
MOTION: Adopt amendment L.008 (Attachment F). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

















































04:21 PM

BILL: SB17-189
TIME: 04:21:59 PM
MOVED: Foote
MOTION: Refer Senate Bill 17-189, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





























































04:22 PM -- HB17-1245



Representative Foote, prime sponsor, presented House Bill 17-1245, concerning the nonsubstantive relocation of the laws related to public establishments from Title 12, Colorado Revised Statutes, as part of the organizational recodification of title 12. Representative Foote provided background on the reorganization of Title 12, C.R.S. No one testified on the bill, and no amendments were offered.

BILL: HB17-1245
TIME: 04:24:45 PM
MOVED: Foote
MOTION: Refer House Bill 17-1245 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



















































04:25 PM -- HB17-1241



Representative Herod, prime sponsor, presented House Bill 17-1241, concerning the nonsubstantive relocation of laws related to Indian Arts & Crafts sales from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.

BILL: HB17-1241
TIME: 04:26:38 PM
MOVED: Herod
MOTION: Refer House Bill 17-1241 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





















































04:27 PM -- HB17-1244



Representative Herod, prime sponsor, presented House Bill 17-1244, concerning the nonsubstantive relocation of the laws related to cemeteries from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.

BILL: HB17-1244
TIME: 04:28:20 PM
MOVED: Herod
MOTION: Refer House Bill 17-1244 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





















































04:29 PM -- HB17-1239



Representative Wist, prime sponsor, presented House bill 17-1239, concerning the nonsubstantive relocation of laws related to private occupational schools from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.

BILL: HB17-1239
TIME: 04:30:42 PM
MOVED: Wist
MOTION: Refer House Bill 17-1239 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





















































04:31 PM -- HB17-1240



Representative Wist, prime sponsor, presented House Bill 17-1240, concerning the nonsubstantive relocation of the laws related to the Department of Public Health and Environment from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No one testified on the bill, and no amendments were offered.

BILL: HB17-1240
TIME: 04:32:58 PM
MOVED: Wist
MOTION: Refer House Bill 17-1240 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

















































04:33 PM -- HB17-1243



Representative Willett presented House Bill 17-1243, concerning the nonsubstantive relocation of the laws related to wholesale sales representatives from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. Representative Willett explained the effect of amendment L.002 (Attachment G). No one testified on the bill.



17HouseJud0330AttachG.pdf17HouseJud0330AttachG.pdf

BILL: HB17-1243
TIME: 04:37:13 PM
MOVED: Willett
MOTION: Adopt amendment L.002 (Attachment G). The motion passed without objection.
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection















































04:37 PM

BILL: HB17-1243
TIME: 04:38:06 PM
MOVED: Willett
MOTION: Refer House Bill 17-1243, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





























































04:39 PM -- HB17-1238



Representative Lee, prime sponsor, presented House Bill 17-1238, concerning the nonsubstantive relocation of laws related to debt management and collection services from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12. No witnesses testified on the bill, nor were any amendments offered.

BILL: HB17-1238
TIME: 04:40:04 PM
MOVED: Lee
MOTION: Refer House Bill 17-1238 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:40 PM



The committee adjourned.


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